Probate & Trust Litigation

A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.

I recently published an article about Estate of Kathleen Mullin, a New Hampshire Supreme Court decision in a case Ralph Holmes and I argued, which expresses some important law on the jurisdiction on trust administration. It was a published web extra for the New Hampshire Bar News. To read the full article, click here.

Published in NH Bar News (3/20/2017) Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration, have a rich history with antecedents in the ancient world and English and American case law as far back as 1674 and 1898 respectively. See Beyer, […]

It’s a situation that estate planning petitioners sometimes encounter: a relative of a recently deceased client requests a copy of the attorney’s file relating to the execution of the decedent’s will. Sometimes it’s the proponent of the will. Sometimes it’s a disappointed heir who has mounted (or is considering) a will contest. Maybe the file […]